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S.I. No. 246/1986 - Arts and Culture (Transfer of Departmental Administration and Ministerial Functions) Order, 1986.

S.I. No. 246 of 1986.

ARTS AND CULTURE (TRANSFER OF DEPARTMENTAL ADMINISTRATION AND MINISTERIAL FUNCTIONS) ORDER, 1986.

The Government, in exercise of the powers conferred on them by section 6 (1) of the Ministers and Secretaries (Amendment) Act, 1939 (No. 36 of 1939), hereby order as follows:

1. This Order may be cited as the Arts and Culture (Transfer of Departmental Administration and Ministerial Functions) Order, 1986.

2. In this Order "functions" includes powers and duties.

3. (1) The functions vested in the Minister for Education in relation to the National Library of Ireland by the Dublin Science and Art Museums Act, 1877, and the Ministers and Secretaries Act, 1924 , are hereby transferred to the Taoiseach.

(2) References to the Minister for Education contained in any Act or instrument made thereunder and relating to any function transferred by this Article shall, on and after the commencement of this Order, insofar as they relate to any such function, be construed as references to the Taoiseach.

4. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 of this Order are hereby transferred to the Department of the Taoiseach.

(2) References to the Department of Education contained in any Act or instrument made thereunder and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the commencement of this Order in so far as they so relate, be construed as references to the Department of the Taoiseach.

5. Where, immediately before the commencement of this Order, any legal proceedings are pending in any court or tribunal to which the Minister for Education is a party and the proceedings have reference to functions transferred by this Order to the Taoiseach, the name of the Taoiseach shall be substituted for or added to, as may be appropriate, that of the Minister for Education and the proceedings shall not abate by reason of such substitution or addition.

6. Anything commenced before the commencement of this Order by or under the authority of the Minister for Education may, if and in so far as it relates to functions transferred by this Order to the Taoiseach, be carried on or completed on or after such commencement by the Taoiseach.

7. (1) Every bond, guarantee or other security of a continuing nature made or given by or on behalf of the Minister for Education to any person in the performance of a function transferred by this Order, or by any person to the Minister for Education and accepted by or on behalf of the Minister for Education in the performance of such a function, and in force immediately before the commencement of this Order, and every contract or agreement in writing made between the Minister for Education in the performance of such a function and another person and in force but not fully executed and completed immediately before such commencement, shall continue in force on and after such commencement and shall be construed and have effect as if the name of the Taoiseach were substituted therein for that of the Minister for Education and such security, contract or agreement shall be enforceable by or against the Taoiseach.

(2) References to the Minister for Education contained immediately before the commencement of this Order in the memorandum and articles of association of any company and relating to a function transferred by this Order shall, on and after such commencement, be construed as references to the Taoiseach.

8. (1) All property, rights and liabilities held, enjoyed or incurred immediately before the commencement of this Order by the Minister for Education in connection with functions transferred by this Order shall be and are hereby transferred to the Taoiseach, and accordingly, without any further conveyance, transfer or assignment—

(a) the said property, real and personal, shall, on such commencement, vest in the Taoiseach,

(b) the said rights shall, as on and from such commencement, be enjoyed by the Taoiseach, and

(c) the said liabilities shall, as on and from such commencement, be the liabilities of the Taoiseach.

(2) All moneys, stocks, shares and securities transferred to the Taoiseach by this section which, on the commencement of this Order, are standing in the name of the Minister for Education and shall, upon the request of the Taoiseach, be transferred into his name.

9. Every document (including any certificate or licence) granted or made in the exercise of a function transferred by this Order shall, if and in so far as it was operative immediately before the commencement of this Order, have effect on and after such commencement as if it had been granted or made by the Taoiseach.

GIVEN under the Official Seal of the Government, this 10th day of June, 1986.

GARRET FITZGERALD,

Taoiseach.

EXPLANATORY NOTE.

This Order transfers to the Taoiseach the statutory powers and duties in relation to the National Library and transfers administrative responsibility for the National Library to the Department of the Taoiseach.